Wood v. Kerkeslager
Supreme Court of Pennsylvania
Jan. T., 1909,. by defendants, from judgment of C. P. No. 5, Philadelphia Co., June T., 1908, No. 2,606, for want of sufficient affidavit of defense in case of William Wood and John P. Wood, trading as William Wood & Company v. Irvin C. Kerkeslager, Lewis Willey and Joseph M. Adams, Trustees in Bankruptcy of Alexander Crow, Jr., appellants. Assumpsit arising out of an interpleader. Rule for judgment for want of a sufficient affidavit of defense.
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Jan. T., 1909,. by defendants, from judgment of C. P. No. 5, Philadelphia Co., June T., 1908, No. 2,606, for want of sufficient affidavit of defense in case of William Wood and John P. Wood, trading as William Wood & Company v. Irvin C. Kerkeslager, Lewis Willey and Joseph M. Adams, Trustees in Bankruptcy of Alexander Crow, Jr., appellants. Assumpsit arising out of an interpleader. Rule for judgment for want of a sufficient affidavit of defense. Before Ralston, J. The facts appear in the opinion of the Supreme Court. Error assigned, was entry of judgment for want of a sufficient affidavit of…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
March 28/1910:
The original affidavit of defense in this case was held to be good by the court below, but, upon appeal, it was held to be insufficient: Wood v. Kerkeslager et al., 225 Pa. 296. Upon return of the record the plaintiffs moved for judgment. This motion was followed three days later by a supplemental affidavit of defense. A rule was thereupon again taken for judgment for want of a sufficient affidavit of defense, and, having been made absolute, we now have the appeal of the defendants.
It does not appear from the record that the supplemental affidavit of…
2Cases cited7 opinions
- Andrews v. Blue Ridge Packing Co.Supreme Court of Pennsylvania · 1903
- Wood v. KerkeslagerSupreme Court of Pennsylvania · 1909
- Henderson's AppealSupreme Court of Pennsylvania · 1858
- Penn Plate Glass Co. v. JonesSupreme Court of Pennsylvania · 1899
- Vallance v. Miners' Life Insurance & Trust Co.Supreme Court of Pennsylvania · 1862
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Germantown T. Co. v. Emhardt (No. 1)Supreme Court of Pennsylvania · 1936
- Frey v. U. T. Co. of PittsburghSupreme Court of Pennsylvania · 1935
- Love v. ClaytonSupreme Court of Pennsylvania · 1926
- Reichner v. ReichnerSupreme Court of Pennsylvania · 1912
- Commonwealth Trust Company v. Alleg'y CemeterySupreme Court of Pennsylvania · 1936
5 more not listed; retrieve them via the Exa API.